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Bill lowers legal limit for drinking, driving

Critics say education, enforcement of current laws key to curbing drunk driving
March 16, 2018

Just in time for St. Patrick’s Day and the beginning of the summer season, a bill has been introduced that would lower the legal threshold of a driver’s blood alcohol content from 0.08 to 0.05.

Introduced March 1, by Rep. Joeseph Miro, R-Pike Creek Valley, the bill has been assigned to the House Public Safety & Homeland Security Committee.

Rep. Steve Smyk, R-Milton/Lewes, a retired state trooper, sits on the committee. He said he understands the idea of zero tolerance, but he said it appears that responsible consumption of alcohol is not the danger, but consuming to the point of impairment is.

Smyk said police are encouraged to take into account the appearance, demeanor and communication skills before physically testing of balance and divided attention. These results mean more than the BAC level in the determining the skill of a driver at the time of driving.

“The BAC confirms for the court that the impairment of the driver is caused by alcohol,” said Smyk. “Higher results are usually concurrent with the performance of roadside testing.”

Smyk said there are some legislators who believe lowering the BAC is a governmental ploy for revenue. At this point, he said, the committee is waiting for a presentation on the legislation, which will be difficult to sponsor.

In an email March 8, Carrie Leishman, Delaware Restaurant Association president & CEO, described the bill as feel-good legislation that, she said, would criminalize the average citizen and tie up the courts. She said it offers no solutions for the safety of citizens and other pressing transportation problems.

Leishman said Delaware citizens should be concerned with reducing highway fatalities and saving lives, but she said this proposal is more likely to ruin lives.

“A woman weighing 120 pounds can easily reach the .05 limit after little more than one drink,” she said. “The loss of professional reputation, facing the negative stigma of being a drunk driver and the possibilities of losing one’s job could all be reality if this proposed legislation is passed.”

Pointing to other potential problems, Leishman said Delaware requires all servers of alcohol in the hospitality industry to take training and education on responsible alcohol service.

“How does a server identify someone who is now considered legally drunk at .05, but shows no signs of impairment?,” Leishman said.

Mitch Topal, Office of Highway Safety spokesman, said studies show that a BAC of 0.05 can compromise some critical driving tasks.

Topal said Mothers Against Drunk Driving have taken the position that states should focus on proven strategies. He said MADD believes the focus should be on getting people with substance-abuse disorders off the roads and use the strategies that prevent them from driving.

Not everybody is against lower the legal BAC to 0.05. Topal said the National Transportation Safety Board has supported that level of enforcement since 2013.

Topal said data shows that 95 percent of fatal crashes involve a blood alcohol content of .10 or higher.

“Sometimes a lot higher,” he said. “It seems that education and robust enforcement will be the most effective way to tackle the impaired-driving problem.”

Topal concluded his statement by saying, ultimately, the Office of Highway Safety doesn’t take a stand on pending legislation.

“If the bill passes, we will follow the law,” he said.

Delaware could be the second state to pass the lower blood alcohol content threshold. In 2017, Washington, Utah and Hawaii all introduced legislation lower the BAC to 0.05. Utah is the only one that passed the legislation, which goes in effect Dec. 30, 2018. New York introduced a bill this year, but it has not yet passed.

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